Former Judge: City doesn't own Water Works

Nov. 13, 2013

Written by

James Proffitt

Staff writer

What the record says

Port Clinton plat documents, filed by city founder Ezekiel Smith Haines in 1828: “...the space embraced between Perry Street and the lake and extending from Jefferson Street to Washington Street, is to remain open forever...The space called the North Park is to be appropriated to [the] use and enjoyment of all the residents of the town as a public park.”

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PORT CLINTON — A visitor to the Port Clinton City Council meeting Tuesday evening told city officials that not only is developing Water Works Park a bad idea, but it’s an illegal one.

“First of all, it’s a bad idea; secondly, I don’t think you can do it legally; and thirdly, if you could do it, you shouldn’t do it,” said former Ottawa County Common Pleas Judge Paul Moon

He told city officials that he’s withdrawn from all visiting judge assignments so he can address the issue and that at his request, his law license was placed on the inactive list by the Ohio Supreme Court, as well.

That, said Moon, means city officials won’t have to speculate about who he represents.

Moon’s family has lived in the area since 1809 and Moon has lived in Port Clinton his entire life.

At the crux of Moon’s arguments are the 1828 town plat filings of Ezekiel Smith Haines, the city’s founder.

Those documents indicate the space between Perry Street and the lake, from Washington Street to Jefferson Street, is to remain open, forever, Moon explained. The land Haines called North Park was to be appropriated for use by all residents of the town as a public park, according to Moon.

According to Moon, title to Haines’ land, which now encompasses Water Works Park, was reserved by Haines himself.

“And you might wish to know that the present owner of the land is not the City of Port Clinton, but rather the heirs of Ezekiel Smith Haines,” Moon said.

Moon railed against the destruction of the lakefront property, and lamented council’s race to develop.

“The lakefront should not be viewed as a seaside albatross just to be gotten rid of,” he said.

Moon requested city leaders investigate what some other cities in the region have done with their natural resources, including Bay Village, New Philadelphia and Vermilion.

“Mr. Mayor, with all due respect, if this is your vision for the City of Port Clinton, we are all the poorer for it,” he said.

Port Clinton City Solicitor George Wilber said he had no comment on Moon’s presentation.

Moon said he’s sure Wilber will return a contrary opinion.

“But I think I’m right,” Moon said.

But Moon wasn’t the only person who wanted to talk about Water Works Park.

After a slightly testy exchange between one resident and Port Clinton Councilman Mike Snider over development and the future of the Walleye Festival, another resident stood to ask a question.

But first the man asked if he was going to get into an argument.

“That depends on how stupid your answer is,” Snider replied.

After surly murmurs and chuckling, the councilman retreated with “My apologies.”

City officials said they have a meeting scheduled with prospective Water Works Park developer Mike Rose on Nov. 21.